Citation : 2021 Latest Caselaw 508 Jhar
Judgement Date : 3 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.197 of 2021
Anil Kumar Das ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Kripa Shankar Nanda, Adv.
For the State : Mr. Manoj Kr. Mishra, Addl. P.P.
02 /03.02.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Special POCSO Case No. 18 of 2020 arising out of Koderma P.S. Case No.101 of 2019 registered under sections 370(3) of the Indian Penal Code and charge has been framed under Section 376(2) of I.P.C. and Section 4/6 of POCSO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in human trafficking. It is submitted that the allegation against the petitioner is false. It is next submitted that the co-accused-Md. Hasib Ansari has faced the trial vide judgment dated 12.03.2020 by Additional Sessions Judge-cum-Special POCSO Court, Koderma, the co-accused has been acquitted in Special POCSO Case No. 32 of 2019 and in para 13 of the said judgment the deposition of the victim has been narrated and drawing attention the Court to the running page no.25 of the brief it is submitted by the learned counsel for the petitioner that therein the victim has not stated anything to implicate the petitioner in this case. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 06.07.2020 as mentioned in paragraph 1 of the bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-Cum Special Judge, Koderma in connection with Special POCSO Case No. 18 of 2020 arising out of Koderma P.S. Case No.101 of 2019 with the condition that he will co-operate with the trial of the case.
Pappu/ (Anil Kumar Choudhary, J.)
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